Model Answer
0 min readIntroduction
The Governor, as a constitutional head of the state, plays a crucial role in the legislative process. Article 163 of the Constitution grants the Governor the power to exercise legislative functions, though this is generally exercised on the advice of the Council of Ministers. However, the Governor’s power to promulgate ordinances is an exception, allowing for law-making even when the legislature is not in session. Recent instances of frequent re-promulgation of ordinances by Governors in various states have raised concerns about the constitutional limits of this power and the potential for circumventing the legislative process. This answer will discuss the essential conditions for the exercise of legislative powers by the Governor and the legality of re-promulgation of ordinances.
Essential Conditions for Exercise of Legislative Powers by the Governor
The Governor’s legislative powers are broadly categorized as follows:
- Summoning, Proroguing, and Dissolving the Legislature: Article 174 grants the Governor the power to summon the legislature, prorogue sessions, and dissolve the Legislative Assembly. However, these powers are generally exercised on the advice of the Council of Ministers.
- Assent to Bills: Article 200 outlines the process of assent to bills passed by the state legislature. The Governor can grant assent, withhold assent (absolute or conditional veto), or reserve the bill for the President’s consideration.
- Recommendation of Bills: Certain bills, such as those affecting the financial matters of the state or those passed by the legislature under its constituent power, require the Governor’s recommendation before being presented to the President.
- Promulgation of Ordinances: Article 213 empowers the Governor to promulgate ordinances when the legislature is not in session. This is a significant power, allowing for immediate law-making in urgent situations.
Ordinances and their Re-promulgation: A Legal Analysis
Article 213(2)(a) stipulates that an ordinance promulgated by the Governor must be laid before both Houses of the Legislature when they meet. The ordinance ceases to be effective if not approved by the Legislature within six weeks from its reassembly. However, the Constitution does not explicitly prohibit the re-promulgation of an ordinance that has not been approved by the Legislature.
The legality of repeated re-promulgation has been challenged in several cases. The Supreme Court, in S.R. Bommai v. Union of India (1994), while dealing with the imposition of President’s Rule, emphasized the importance of adhering to constitutional principles and avoiding actions that undermine the democratic process. While the case didn’t directly address ordinance re-promulgation, the spirit of the judgment is relevant.
Arguments against repeated re-promulgation:
- Circumventing the Legislature: Frequent re-promulgation effectively bypasses the legislative process, denying the elected representatives an opportunity to debate and scrutinize the law.
- Violation of Constitutional Scheme: It undermines the principle of separation of powers and the supremacy of the legislature.
- Article 14 & 19 Concerns: Repeated ordinances without legislative approval can potentially violate fundamental rights under Articles 14 (equality before law) and 19 (freedom of speech and expression) if the ordinances impose unreasonable restrictions.
Arguments in favor of re-promulgation (limited scope):
- Urgency: In exceptional circumstances where immediate action is necessary, and the legislature is not in session, re-promulgation might be justified as a temporary measure.
- Political Expediency: Governments may argue that re-promulgation is necessary to maintain policy continuity. However, this argument is generally viewed with skepticism.
Recent Trends and Concerns
Several states have witnessed instances of Governors repeatedly re-promulgating ordinances, sometimes for extended periods. This practice raises concerns about the erosion of democratic norms and the potential for executive overreach. The lack of clear constitutional guidelines on the number of times an ordinance can be re-promulgated has contributed to this ambiguity. A 2023 report by PRS Legislative Research highlighted a significant increase in the number of ordinances promulgated in recent years, with a substantial proportion being re-promulgated.
Conclusion
The Governor’s legislative powers are essential for the smooth functioning of the state government, but they must be exercised within the constitutional framework. While the re-promulgation of ordinances is not explicitly prohibited, its repeated use to circumvent the legislature is constitutionally questionable and undermines democratic principles. A clearer legal framework, potentially through judicial pronouncements or constitutional amendments, is needed to define the limits of this power and ensure that the legislature remains the primary law-making body. The spirit of cooperative federalism and respect for the separation of powers should guide the exercise of these powers.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.